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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My husband and i have owned a home since 2007, we are both

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My husband and i have owned a home since 2007, we are both on the morgage are both on the deeds. We got married in 2009 and had a duaghter in 2013. We are now selling our house and are purchacing another larger property, however as my job has been on a tempoary contract i've been unable to go on the new morgage and the new morgage has to be soley in my husbands name therefore, the deeds and ownwership of the new house will be in his name only.
If we were to seperate or devorce what would my rights to the new house and protential equity it may have if we sold and went our seperate ways? What would I need to do to protect myself finacially?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question

When a married couple divorce, if they cannot agree between themselves how to divide up the matrimonial assets, then either one of them (regardless of who starts the divorce) can apply to court to ask the court to decide. The matrimonial assets are everything in the wife's name, everything in the husband's name, and everything owned jointly, so you will be able to make a claim against the house, even if it's in your husband's sole name.The court starts from the position that the assets should be divided 50:50, then looks at reasons why that might not be appropriate eg if one of you has a significantly smaller income than the other, then that person can argue for a larger than 50% share of the assets, or if one person is providing a home for the children of the marriage, then that's another reason why they can argue for more than 50% share. The court will aim for a solution that allows both parties' needs to be met, and for each to be rehoused.

The above is your rights as a spouse within divorce proceedings.

You could strengthen your position even more by eg having a declaration of trust document prepared by a solicitor to be filed at the Land Registry at the same time that the transfer document for the new house is filed at the Land Registry, to state that the property is held on trust by your husband on trust for the two of you. And/or you could look into having a post-nuptial settlement drawn up by a solicitor, which sets out what is the intention of both of you regarding the house and other assets, should you ever separate or divorce. (Although the only legally-binding agreement is via a court order within divorce proceedings). All of these clarify the shared intention of both of you, at the time the house was purchased, which could help you if you divorce later.

You could make financial contributions even though you are not named on the deeds or the mortgage of the new house eg by paying half the monthly mortgage payments from an account in your sole name and/or by paying for some or all of the deposit from an account in your sole name, and/or by paying for some or all of an improvement eg new kitchen - anything which increases the value of the property. All of the above give you a financial interest (called an equitable interest) in the property, which again would be helpful within divorce proceedings ,and could help you with a claim even if you separate without divorcing.

Face-to-face legal advice from a specialist family lawyer would help. Here's where to find one:-

http://www.resolution.org.uk/findamember/

Food for thought!

But I hope you have a long and happy marriage...

Anyway I hope this helps and I wish you the best of luck.


Thanks and best wishes...


UKfamsol and 2 other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.

Hello again

I see that you have looked at my answer but not accepted it.

Is there anythiing in your question that you feel I have not answered? or anything in my answer that you would like clarified? Let me know - I'll do my best!

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